Alteration in redevelopment agreement
Querist :
Anonymous
(Querist) 09 January 2019
This query is : Resolved
Our society has executed registered development agreement with developer in 2015.
For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem
The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started.
The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat.It a common phenomenon.
The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation.
In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC.
Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE of Rs 15.30 crores WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES.
He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties.
Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY.
The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED.
WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT.
FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWEEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Further please advise can a legally enforceable mortgage deed be created when property itself is not existent on the date of agreement registration
Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc.
Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper.
How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law
Is this case be accepted in consumer forum how much are the chances.
Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court
Regards,
JAYESH CHOKSI
8080546187
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,
ABDUL RAZIQUE
(Expert) 25 February 2020
Respected Sir, All the legal matter is time bound, if you have no one then how to proceed before Ld court for your right. So my personnel advice that do not feel lonely there are other member who never want to lapse or loose their right.
